Often in custody and parenting time disputes, disagreements emerge as to who is responsible for transporting the children to and from parenting time. In the Appellate Division case of Devorak v. Devorak, the court held that the parties were to share equally in the driving responsibilities.
When the parties’ divorced, both lived in Woodbridge, New Jersey, and they agreed that Defendant would be responsible for the pick-up and drop-off of the child. The Plaintiff relocated to New York City and the Defendant still agreed to do all of the driving in order to exercise his parenting time. However, when the Plaintiff moved back to New Jersey, they did not agree as to how to share transportation responsibilities. The Plaintiff lived in Roseland and the Defendant lived in Ewing. To be fair to both parties, the court allocated the responsibility equally.
Generally, parents agree to share driving equally, with the parent receiving the child doing that portion of the transportation. This case will help make clear that a component of parenting time is equally sharing in the transportation responsibilities.